Temp contracts in Belgium: a complete guide for employers
You need extra hands, fast. Someone is off sick, the orders keep coming in, or you want to try someone out before offering a permanent contract. That is when temporary agency work comes into play. But how exactly does a temp contract work? And what should you watch out for as an employer?
In this guide, we explain the different types of temp contracts that exist in Belgium, what the law requires, and how to bring in temp workers correctly without running into legal risks.
What is a temp contract?
A temp contract (or employment contract for temporary agency work) is an agreement between a temp worker and a temp agency. The agency then makes the worker available to your company, the so-called "user".
What makes this arrangement special:
- The temp agency is the legal employer
- You are the user and provide day-to-day supervision
- The temp worker works at your company, but is not on your payroll
This differs from a payroll intermediary, where you select the worker yourself. With temporary agency work, the agency handles recruitment and selection.
When can you use a temp contract?
Not just whenever you like. The Act of 24 July 1987 states that temporary agency work is only allowed in four specific situations:
1. Replacing a permanent employee
An employee is off sick, on maternity leave or on time credit. You can then bring in a temp worker for the duration of the absence.
2. A temporary increase in work
A peak period, a large order, a seasonal rush. If you need extra staff temporarily, you can bring in temp workers. The maximum duration is 6 months, extendable to 12 or 18 months with trade union approval.
3. Exceptional work
Organising an event, building a trade fair stand, a one-off project. Work that does not belong to your normal business activities. Take a look at our guide to payroll for events and hospitality.
4. Inflow (trial towards a permanent role)
You want to "test" someone before offering a permanent contract. Maximum 6 months. At the end, you have to make a decision: hire the person permanently or stop.
Outside these four reasons, you cannot bring in temp workers. This matters, because the social inspectorate checks for it.
Types of temp contracts
In practice, temp agencies work with different contract durations:
Weekly contract
By far the most common type. The contract runs from Monday to Sunday and is renewed weekly for as long as the assignment lasts. In our experience with thousands of temporary workers, this works best for most situations: flexible enough for the employer, secure enough for the temp worker.
Daily contract
For very short assignments of one or a few days. Be careful: consecutive daily contracts are subject to strict conditions. The company must be able to demonstrate the need for flexibility, for example for a two-day event. The trade union delegation follows this closely.
Monthly contract
Less common, but possible for longer assignments. It offers more stability for the temp worker.
Maximum duration: how long can a temp work?
This is one of the most frequently asked questions. The answer depends on the reason:
| Reason | Maximum duration |
|---|---|
| Replacement | Duration of the absence |
| Temporary increase | 6 months (extendable to 18 with trade union consultation) |
| Exceptional work | Duration of the project |
| Inflow | 6 months |
After more than 15 years in Belgian payroll, we know that practice is sometimes different from theory. Many companies work with the same temp workers for years by continually putting forward new reasons. That is legally risky, because during an inspection the employment contract can be converted into a permanent contract with you as the employer.
The rule of thumb: a maximum of 1 year of consecutive weekly contracts at the same company. After that, you have to hire the temp worker permanently or end the collaboration.
Rights of the temp worker
The principle of equal treatment is set out in law. A temp worker is entitled to:
- The same pay as permanent employees in comparable roles
- The same benefits (meal vouchers, travel allowance, and so on)
- Access to company facilities (canteen, car park)
- Information about vacancies for permanent positions
Working conditions are determined by the collective labour agreement (CLA) of your sector, not by the temp-work CLA. If you work in hospitality (JC 302), those pay scales also apply to your temp workers. Read more about joint committees in Belgium.
Your obligations as the user
As an employer who brings in temp workers, you have specific obligations:
Before the start:
- Draw up a workstation sheet setting out the risks and safety measures
- Inform the temp agency about the required qualifications
- Check that the temp agency is licensed
During the employment:
- Supervise safety and health
- Ensure proper working conditions
- Treat the temp worker like your own staff
Administrative:
- You do not have to file a Dimona (immediate employment declaration), the temp agency does that
- You receive an invoice from the agency, not a payslip
Looking for a partner to take all this admin off your hands? At Recruit, we combine the flexibility of temporary work with complete peace of mind. Contracts, Dimona, pay calculation: we take care of it.
Temp contract vs other forms of flexible work
How does temporary agency work compare to other options?
Versus payrolling: With payrolling, you select the candidate yourself and they work exclusively for you. With temp work, the agency handles recruitment. Read more in our article on payroll intermediary.
Versus flexi-job: Flexi-jobs are limited to specific sectors (hospitality, retail) and to employees who already work 4/5 elsewhere. Temporary agency work can be used more broadly.
Versus freelancer: A freelancer is self-employed and decides for themselves how the work is carried out. With temp work, you provide the day-to-day supervision.
Versus fixed-term contract: With a fixed-term contract, you take someone on directly yourself. More admin, but also more control and lower costs in the long run.
What does a temp worker cost?
Temp agencies work with a coefficient or conversion factor. This is usually between 1.8 and 2.2, depending on the sector and the risk profile.
Worked example:
A temp worker with a gross wage of ā¬15 per hour costs you, as the user:
ā¬15 Ć 2.0 = ā¬30 per hour (indicative)
That factor includes: gross wage, social security contributions, holiday pay, administration costs, a risk premium and the agency's margin.
Want to know how this compares to other options? Take a look at our overview of the costs of a temp agency.
Common mistakes with temp contracts
1. No valid reason
Temporary agency work without a legal reason is prohibited. The social inspectorate can impose fines and convert the employment contract.
2. Running weekly contracts for too long
After a year of consecutive weekly contracts, you have to make a decision. Muddling on is risky.
3. Working with an unlicensed agency
Only licensed temp agencies are allowed to make temp workers available. Check this via the list from the FPS Employment.
4. Unequal treatment
Temp workers are entitled to the same conditions as permanent staff. Lower pay or fewer benefits are not allowed.
In short
A temp contract is a flexible way to bring in temporary staff, but it is tied to strict rules. You can only bring in temp workers for replacement, a temporary rush, exceptional work or inflow. The maximum duration depends on the reason, with an absolute limit of one year of consecutive weekly contracts.
Is temporary agency work the right choice for your situation? That depends on how quickly you need someone and whether you want to outsource recruitment. Want to select people yourself but skip the admin? Then payrolling might be a better option.
How Recruit helps you here
Taking on temporary workers without the administrative headaches? That is exactly what we built Recruit for.
With Recruit:
- Contracts in under 60 seconds: create trial and temp contracts without the hassle
- Automatic pay calculation: correct pay in line with current legislation and your joint committee
- Dimona and social documents: we handle all the declarations, you focus on your business
- 24/7 personal support: always a dedicated contact who knows your company
- No fixed monthly costs: pay only for what you use
Try Recruit or get in touch with our HR experts for tailored advice.
Frequently asked questions
How long can you work with weekly contracts?
A maximum of 1 year of consecutive weekly contracts at the same company. After that, the employer has to hire you permanently or end the collaboration.
As an employer, do I have to file a Dimona for a temp worker?
No, the temp agency does that. They are the legal employer and are therefore responsible for all NSSO declarations.
What if I want to hire a temp worker permanently?
That is possible, often after a "hire-in period". Discuss it with the temp agency, as a takeover fee may apply. If inflow was the reason, you have to decide after a maximum of 6 months.
Do temp workers fall under my CLA or the temp-work CLA?
In terms of pay and working conditions, they fall under your CLA. For specific matters such as the end-of-year bonus, the temp-work CLA (JC 322) may contain additional rules.
The information in this article is purely informative and does not replace professional legal or accounting advice. Employment legislation changes regularly. Always consult the current legislation or get in touch with an HR expert for advice tailored to your situation.